Submitting NOD/New Material Evidence

[Zoomie]

Good morning. I am submitting my NOD this week for denied contentions (denied April 14th) that fall under the CFR as presumptive conditions that were denied (cancer, kidney stones and arthritis).

The reason for denial was "there is no evidence that the condition occurred in service or during the presumptive period after service". I had received a letter in September ( I believe it was for a 5103 response) stating the documents we have received and in the listed documents was "DD 214 dated 15 January 2015". So I figured I was covered under the presumptives and that they got it from the ARPC.Well they did not. In fact when I separated from active duty, even though I completed the DD 214 worksheet and submitted it and it was never done.

The ARPC will have the new DD 214 completed tomorrow. I am submitting the DD 214 with my NOD as new evidence and for the contentions and I am attaching a letter explaining why I am appealing the decision referencing the DD 214 shows that these conditions are covered under the presumptive guidelines in the CFR.

 

I am also going to request a DRO review (de novo?). Am I on the right track with this NOD? Also I am not in favor of a reconsideration due to the fact that there is a high probability of losing my EED.

Thank you all for your help.

[Berta]

I am assuming this is not a claim involving disability due to INACTDUTRA.

But maybe VA thought it was.

 "Service connection for disability arising from inactive duty training is permitted only for injuries, not diseases, incurred or aggravated in the line of duty, (with the exceptions for acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident, not pertinent here).  See Brooks v. Brown, 5 Vet. App. 484, 485 (1993). "
 

[Zoomie]

Thank you once again for your responses. I think the VA confused NGB Form 22 with a DD 214. That's why my original claim got messed up. I separated after serving 16 months under Title 32 USC 502 service which is considered active duty. I was claiming cancer, joint pain right hip, joint pain left shoulder and kidney stones. Retired on January 15 2015 and was diagnosed with cancer on August 4 2015, arthritis in both joints listed above in July 2015 and the kidney stones while on active duty in January 2015.

Denial letter stated that the cancer did not occur in service or in the presumptive period following separation from AD. Denial for kidney stones same statement. And the joint pain because there is no evidence of it occurring on AD or in my SMR.

That is why I am submitting the new DD 214 as new evidence. It should show that I was eligible for the presumptive service connection.

Also the cancer came back this past Thursday. Should I submit those reports with my NOD or hold off???

The cancer was treated via surgery on my bladder where they resected it. Arthritis was confirmed with X Ray evidence. Kidney stones frequent episodes with hospital records and CT confirmation. 

Thank you all once again!

[Berta]

Yes, that seems to be the problem. VA was confused.

Thanks for clarifying this.

Do you have any medical reason for the kidney stones? Are they expected to return?

[Zoomie]

My urologist states that it is from my body producing too much of a type of acid. 

I get them every four months or so.

when I went to the hospital last August for kidney stones was when the hospital discovered the cancerous tumor in my bladder.